Conclusions
and recommendations of the Committee on Economic, Social and
Cultural Rights, Iraq,
U.N. Doc. E/C.12/1/Add.17
(1997).

1.
The Committee considered the third periodic report of Iraq
on the rights covered by articles 1 to 15 of the Covenant
(E/1994/106/Add.9) at its 33rd to 35th meetings, on 20 and
21 November 1997, and adopted at its 52nd meeting, on 4
December 1997 the following concluding observations.

A. Introduction

2.
The Committee welcomes the opportunity to resume its dialogue
with Iraq, through the consideration of the State party's
third periodic report. The Committee expresses its satisfaction
to Iraq for the submission of written answers to its list
of issues, and it takes note that despite the difficult
situation faced by Iraq, a delegation was sent from the
capital to present the report and answer questions raised
by members of the Committee. In this respect, the willingness
of the State party to conduct a constructive dialogue with
the Committee is noted with appreciation.

3.
However, the Committee regrets that the report submitted
by the State party did not incorporate information on articles
13 to 15 of the Covenant, although it recognizes that such
information was, to a certain extent, provided by the delegation
in the course of the dialogue.

B. Positive aspects

4.
The Committee notes with satisfaction that, according to
the legal system of Iraq, the Covenant forms an integral
part of the national legislation and may be directly invoked
before the courts, although it regrets the lack of information
on any cases where the Covenant was actually referred to
by the courts or invoked directly before the courts.

5.
The Committee notes that a Human Rights Commission was recently
established within the National Assembly, although it regrets
the lack of information on its functions, powers and activities
to date.

6.
With respect to gender equality, the Committee notes with
appreciation the existence of laws to promote women's participation
in national development, providing them with equal opportunities
in education, health, employment and land ownership, and
protecting them from exploitation and sexual harassment
in the workplace. Moreover, it notes that women have the
right to six months' maternity leave with full salary, plus
six months with half their salary, and can retire at 55
years of age.

C. Factors and difficulties impeding the implementation
of the Covenant

7.
The Committee recognizes that eight years of war with the
Islamic Republic of Iran and the conflict following Iraq's
invasion of Kuwait caused the destruction of part of the
country's infrastructure and considerable human suffering,
and produced a very difficult economic and social situation
in Iraq. The Committee also notes that the living standard
of large sections of the Iraqi population has been reduced
to subsistence level since the imposition of the embargo,
which led to the decrease of the country's oil revenue from
approximately $20 to 2 billion a year, and that this situation
is further aggravated by the sharp rise in consumer prices.

8.
In this respect, the Committee endorses resolution 1997/35
adopted by the Sub-Commission on Prevention of Discrimination
and Protection of Minorities on adverse consequences of
economic sanctions on the enjoyment of human rights, and
puts particular emphasis on the fact that "such measures
most seriously affect the innocent population, in particular
the weak and the poor, especially women and children, (and
...) have a tendency to aggravate the imbalances in income
distribution already present in the countries concerned".

9.
However, the Committee, while noting that the effect of
sanctions and blockades hampers the full implementation
of certain rights under the Covenant, underlines that the
State party remains responsible to implement its obligations
under the Covenant "to the maximum of its available resources"
in accordance with article 2, paragraph 1, of the Covenant.

D. Principal subjects of concern

10.
The Committee notes with concern the continuing deterioration
of the economic, social and cultural rights in Iraq since
the beginning of the hostilities with the Islamic Republic
of Iran and further since the Gulf war and the adoption
of sanctions. In this respect, the Committee, reiterating
the concern it expressed in its previous concluding observations
(E/C.12/1994/6, para. 6), notes that sufficient measures
have not been taken to date by the authorities to alleviate
the extremely difficult living conditions of the Iraqi population
and the deprivation of most of their basic economic, social
and cultural rights.

11.
The Committee expresses regrets for the lack of statistical
information on the economic, social and cultural situation
in Iraq in the report and in the dialogue with the delegation.

12.
The Committee notes with concern the lack of information
on any measures taken by the State party to spread awareness
of human rights, and especially economic, social and cultural
rights, among the population.

13.
The Committee expresses concern about reports of discrimination
against members of certain minorities, and especially the
Kurds, Marsh people, Assyrians, Shi'a Muslims and Turkomans,
with respect to their enjoyment of rights under the Covenant.
Furthermore, the Committee notes with deep concern reports
stating that the effect of the embargo is harsher on members
of racial, ethnic or religious minorities, and that there
exists discrimination in the allocation by the authorities
of the limited resources available between rural and urban
areas, and against the southern region with respect to the
Marsh people.

14.
With respect to article 3 of the Covenant, the Committee
expresses concern about discrimination against women, in
law and in practice, concerning inheritance rights, freedom
of movement, family law, equal remuneration for equal work,
and access to employment. With respect to the latter, the
Committee notes with concern that the unemployment rate
is higher among women than among men.

15.
The Committee expresses its concern that it is possible,
under Law No. 104 of 1981 and the Penal Code, to condemn
a person to compulsory labour, as a part of a prison sentence,
in cases of expression of political opinions or ideological
opposition to the political, social or economic system,
for breach of labour discipline or for participation in
strikes. The Committee finds that this practice is designed
to prevent or inhibit free expression in relation to policies
and practices which have a direct bearing upon the enjoyment
of economic, social and cultural rights.

16.
The Committee notes with concern that, in contravention
of the provisions of article 8 of the Covenant, independent
trade unions are not allowed in Iraq, since the 1987 Trade
Union Organization Law establishes a single trade union
structure, centralized within the General Federation of
Trade Unions, which is in turn controlled by the ruling
Ba'ath party. The Committee also notes that public sector
workers and workers in State-owned enterprises are not allowed
to join trade unions. Furthermore, the Committee notes with
concern that the 1987 Law does not recognize the right to
bargain collectively and that severe restrictions, including
penal sanctions, are imposed on the right to strike.

17.
Taking note of the report of the Committee of Experts of
the International Labour Organization on the implementation
of ILO Conventions No. 19 and No. 118, the Committee expresses
its concern that, under section 38 (b) (ii) of the Workers'
Pension and Social Security Law No. 39 of 1971, the payment
of benefits abroad to a citizen of another country will
only be ensured if he returns to his country of origin at
the end of his insured period of service. The Committee
notes that this precludes workers who leave Iraq before
their contract period has expired or who settle in a country
other than their country of origin from receiving their
benefits. Further, in accordance with section 38 (b) (iii)
of the Law, payment of benefits is made outside Iraq only
under reciprocity agreements or international labour conventions,
and are subject to authorization under Instruction No. 2
of 1978 regarding the payment of social security pensions
to insured persons leaving Iraq. Furthermore, the Committee
notes with concern the declaration by the delegation that,
due to the current situation in Iraq, all such payments
have been suspended.

18.
With respect to article 9 of the Covenant, the Committee
notes that, although Iraq's legislation makes provision
for social security, the implementation of that law has
been hampered by the current economic difficulties facing
the country due to the severe reduction of the State party's
income.

19.
The Committee further expresses its concern about the increase
in child labour, and regrets the lack of information on
any measures taken by the authorities to address this problem.
In particular, the Committee regrets the lack of information
on any inspection mechanisms in place to survey the implementation
of the Labour Act No. 71 of 1987 regulating the protection
of young persons with regard to employment and conditions
of work. Moreover, the Committee notes with concern that,
in accordance with article 96 of the Labour Code, children
employed in family undertakings under the authority or supervision
of the father, mother or brother are not protected by the
specific provisions of Labour Act No. 71 of 1987.

20.
With respect to the right to adequate housing under article
11 of the Covenant, the Committee expresses its concern
about reports of discrimination in the enjoyment of this
right, especially in relation to forced evictions of members
of certain minorities (Kurds, Turkomans and Shi'a Muslims)
and the situation of "squatters" in urban areas.

21.
The Committee notes with concern that, according to a survey
conducted in 1995 by government agencies with the support
of UNICEF, 50 per cent of the rural population in the central/southern
part of Iraq had no access to potable water supplies. This
figure increases to 90 per cent in the southern governorate
of Thigar. In this respect, the Committee stresses that
this situation does not conform with the provisions of article
11 of the Covenant on the right of the population to an
adequate standard of living.

22.
With respect to article 12 of the Covenant, the Committee
notes with concern that, with the destruction of parts of
the infrastructure in Iraq, the non-availability of safe
drinking water has led to widespread contaminated water
and related health problems, such as water-borne and diarrhoeal
diseases and cholera. The Committee also notes with concern
that, due to food shortages and the resulting restrictions
on its distribution, and to the non-availability of certain
medicines, medical equipment and other articles of personal
hygiene in Iraq, the standard of physical health of the
Iraqi population is declining at a rapid pace. It notes
in particular that certain diseases, previously eradicated
from Iraq, have reappeared, such as typhoid, infantile paralysis,
tetanus, viral hepatitis, Giarda, German measles, kala-azar,
undulant fever, haemorrhagic fever, croup, whooping cough,
rickets, scabies, hydrocysts and rabies.

23.
The Committee is alarmed by the rapidly increasing rate
of illiteracy in Iraq, now estimated at 54 per cent, especially
among women, a situation aggravated by the current difficult
situation.

24.
The Committee reiterates its concerns with respect to the
lack of information on the implementation of article 13
of the Covenant regarding: mandatory and free primary education;
human rights education; equal educational opportunities
for women; the lack of available statistical and other data
with respect to the implementation of the right to education
in Iraq; infringements of academic freedom by the authorities;
measures that affect the cultural heritage of certain religious
communities and minorities; and Government control over
the choice and broadcasting of minority language radio programmes
(E/C.12/1994/6, paras. 9 and 11-14).

E. Suggestions and recommendations

25.
The Committee urges the State party to take all appropriate
measures in order to ensure, to the maximum extent of its
available resources, the implementation of economic, social
and cultural rights, in accordance with article 2, paragraph
1, of the Covenant. In this respect, the Committee calls
the attention of the State party to its General Comment
No. 3 on the nature of States parties' obligations, and
especially to paragraphs 10 to 13. Moreover, the Committee
suggests that close cooperation with United Nations organs
and specialized agencies be initiated to achieve the full
and expeditious implementation of all the clauses of the
"oil for food" agreement, with a view to promoting the realization
of economic, social and cultural rights with respect to
all groups living in Iraq.

26.
The Committee recommends that measures be taken to gather
systematic quantitative and qualitative data, disaggregated
in accordance with criteria used by the United Nations and
its specialized agencies, on all rights covered by the Covenant,
with a view to assessing and evaluating progress achieved,
identifying prevailing difficulties and setting priorities
for future action.

27.
The Committee recommends that urgent and concrete steps
be taken to ensure that the provisions of the Covenant are
made widely known among the population. To this end, the
Committee recommends that systematic education programmes
on the rights enshrined in the Covenant be set up in all
schools and other educational institutions.

28.
The Committee also recommends that the independence of the
existing Human Rights Commission be ensured, and that it
be empowered to receive and investigate complaints from
individuals of violations of their human rights, including
their economic, social and cultural rights.

29.
The Committee recommends that, in accordance with article
2, paragraph 2, of the Covenant, measures be taken to guarantee
that the rights enunciated in the Covenant are "exercised
without discrimination of any kind as to race, colour, sex,
language, religion, political or other opinion, national
or social origin, property, birth or other status", and
in this regard, it makes particular reference to the situation
of the Kurds, the Marsh people, Assyrians, Shi'a Muslims
and Turkomans.

30.
With respect to discrimination against women, the Committee
recommends that the Government pursue its policies designed
to achieve full equality between men and women in all areas
of economic, social and cultural life. In particular, it
recommends that a thorough review of the domestic legislation
be carried out in order to eliminate any remaining discriminatory
legal provisions, specific remedies be made available to
women victims of sexual discrimination, and information
and education campaigns be carried out to that end.

31.
The Committee recommends that Law No. 104 of 1981 and the
Penal Code, which provide for compulsory labour in cases
of expression of political opinions or ideological opposition
to the political, social or economic system, for breach
of labour discipline or for participation in strikes, be
reviewed and brought into conformity with article 6, paragraph
1, of the Covenant and ILO Convention No. 29 on forced labour.

32.
The Committee also recommends that a thorough review of
legislation governing trade union rights, the right to strike
and the right to bargain collectively be undertaken as a
matter of priority in order to comply with article 8 of
the Covenant.

33.
The Committee recommends that the social security laws in
force in Iraq be applied without any discrimination. To
this end, the Committee suggests that Law No. 39 of 1971
on Workers' Pension and Social Security be reviewed.

34.
The Committee urges the Government to provide, in its next
periodic report, concrete and comprehensive information
on measures taken or foreseen in order to address the psychological
and emotional problems affecting children after years of
armed conflict and related economic and social constraints,
and the problem of child labour. Moreover, the Committee
stresses the need for protection of all working minors,
including those employed in family undertakings, and it
recommends that article 96 of the Labour Code be reviewed
accordingly.

35.
The Committee recommends that all appropriate measures be
taken by the authorities to implement, without discrimination,
the right to adequate housing under article 11 of the Covenant,
and calls the attention of the State party to its General
Comment Nos. 4 and 7.

36.
The Committee recommends that every effort be made by the
Government to ensure, through the development of adequate
infrastructure in all parts of the country, access to potable
water by the population as a whole, especially in the rural
areas.

37.
The Committee, while being aware that the embargo imposed
on Iraq creates extremely difficult conditions with respect
to the availability of food, medicines and medical articles,
recommends that the Government take all necessary measures,
to the maximum extent of its available resources, to address
the needs of the population, and in particular to the most
vulnerable groups such as children, the elderly and nursing
mothers, with respect to article 12 of the Covenant.

38.
With respect to articles 13 to 15 of the Covenant, the Committee
reiterates the recommendations it addressed to the State
party in its concluding observations adopted upon the consideration
of Iraq's second periodic report on these articles (E/C.12/1994/6,
paras. 15-19).

39.
Finally, the Committee recommends that the concerns expressed
in the present concluding observations, as well as the issues
raised during the discussion of the third periodic report
which remained unanswered, be addressed in the State party's
fourth periodic report, and it encourages the State party
to disseminate widely the present concluding observations
adopted by the Committee following its consideration of
the State party's third periodic report.